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(영문) 수원지방법원 2019.10.31 2018고단7230
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant is a person who was living together with the victim B on November 19, 2016, entering a marriage ceremony on or around November 19, 2017.

1. Fraud;

A. From July 8, 2015 to August 6, 2015, the Defendant stated that “Around June 2015, the Defendant may obtain a large amount of profits from drones that invested in the drping business and sprinking business from the victim in the gold-dong in Sung-nam-si, Sungnam-si.” The Defendant loaned business funds to the victim on the ground that “The Defendant may repay the drhetoring business for three to four months.”

However, the defendant did not have any particular property or income at the time, and there was no intention or ability to repay the business fund from the victim, even if he borrowed the business fund from the victim, such as there is a approximately KRW 90,000,000.

Around July 8, 2015, the Defendant received KRW 15 million from a victim’s D Bank account (E) in the name of C as business funds, and received KRW 18 million in total from July 21, 2015 to August 6, 2015, via the F Bank account (G) in the name of the Defendant from July 21, 2015 to August 6, 2015.

Accordingly, the defendant, by deceiving the victim, has acquired property benefits equivalent to 33 million won in total.

B. Around February 28, 2017, the Defendant stated that “A victim may pay money to the victim on July 21, 2017, in return for the victim’s complaint from H and I in the Kakakao Stockholm message. It is necessary to pay the victim the amount of KRW 35 million. The Defendant may pay the victim money to the victim on July 28, 2017.”

However, there is no particular property or income at the time, and there was approximately KRW 123 million for personal debt, even if the defendant borrowed money from the victim, he was used for stock investment rather than the agreed money, and there was no intention or ability to repay to the victim.

As above, the Defendant, by deceiving the victim, received KRW 35 million from the victim’s account in the name of the Defendant on the same day under the name of agreement with H and I.

Accordingly, the defendant is the victim.

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